What prevents a person from making new false allegations after they find out the first case was dismissed?

UPDATED: Aug 27, 2012

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What prevents a person from making new false allegations after they find out the first case was dismissed?

The charges were made up and injuries were self inflicted. This DA found her a not credible victim. Now she is angry and threatens to try again if she can. Other than staying away from her myself, Can she be stopped from using the system as a weapon? Thank You.

Asked on August 27, 2012 under Criminal Law, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There are two possible checks on abuse of the system:

1) The authorities have discretion--they do not have to file charges, for example, if the complaining witness is not credible.

2) There are legal actions you can file, such as for false prosecution or abuse of process--against someone for trying to press false charges against you; in these actions, you can seek monetary compensation and/or a legal order barring this person from doing so again. If she does try to take action against you, you should consult with a personal injury attorney about your options.

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